[2013] EWCA Crim 2335

A jury had been given adequate directions in relation to the issue of consent before it found a defendant guilty of rape, assault by penetration and sexual assault following a sexual encounter at a party between the defendant and a woman who was heavily intoxicated. The judge had fully dealt with the elements of capacity and it had not been necessary for him to indicate that a drunken consent remained a consent.

CA (Crim Div) (McCombe LJ, Mittings J, Phillips J)

29/11/2013